Hola mi gente, as many of us know, immigration cases involving drug convictions can seem daunting. Drug-related offenses are some of the most severe in immigration terms and, in many cases, can end the hope of regularizing one’s immigration status. However, there are exceptions and ways that may allow someone to continue their immigration process. In this blog, we’ll discuss some options to consider if you have a drug conviction and want to fix your papers.
Citizenship through birthright via U.S. parents or grandparents
One of the first strategies to consider is determining whether the individual is a U.S. citizen, even if they were born abroad. Some people may have been born with the rights of a U.S. citizen if one of their parents was a U.S. citizen at the time of their birth.
It’s crucial to analyze details such as the date of birth and the years of the parents’ residence in the United States. If someone was born before November 14, 1986, one of their parents must have been present in the United States for at least 10 years before the applicant’s birth. If born after that date, the requirement is 5 years. This defense is vital, as once citizenship is proven, the person cannot be deported, even if they have a drug conviction.
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Reopening criminal cases due to ineffective counsel
If someone has been convicted of drug possession but their criminal attorney failed to provide an adequate defense, it is possible to file a motion to reopen the case. This is based on arguing that the previous attorney was ineffective, especially if they failed to explain the immigration consequences of accepting criminal charges. In such cases, charges can be vacated, allowing the applicant to continue their immigration process without the obstacle of a criminal conviction.
T Visa
Another option is the T Visa, a humanitarian visa that offers waivers for certain crimes, including some drug-related offenses. This visa is designed for victims of human trafficking, and in certain cases, it can be demonstrated that a person was forced to participate in drug-related activities. The T Visa can waive certain offenses and potentially lead to permanent residency. It is crucial to consult with an immigration attorney to determine whether your case qualifies for this humanitarian visa.
You may also be interested in: How to obtain permanent residency through a T Visa.
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Waiver for certain marijuana offenses
In some cases, it is possible to obtain a waiver if the conviction involves marijuana possession, as long as the amount is less than 30 grams and it can be shown it was for personal use. However, no waiver is available for drug trafficking or possession of other substances like cocaine.
Facing drug-related charges in immigration processes is challenging, but not impossible. Strategies vary depending on the particular circumstances of each case, and it is essential to have an immigration attorney who can explore all available options. From citizenship by descent to reopening criminal cases and applying for humanitarian visas, there are pathways that can help overcome these legal obstacles and continue the process of regularizing immigration status. At The Mendoza Law Firm, we have specialized in U.S. immigration cases for over 14 years. If you or someone you know is in a situation similar to those discussed in this blog, contact us.
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